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Legalease, Attorney

Category: Traffic Law

Satisfied Customers: 14767

Experience: 15 years exp in driving issues

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parking a car on the street near home and towing on next day

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Following question about parking a car on the street near home and towing on next day without any reason and without informing me as owner This somebody fun price $ 500.

Dear Expert, I live in Santa Clara, CA for about 20years I'm 76 years old and it was happened at first time in my life and even I have never heard about such event. You know most of people park their cars on the street. Now I'm all the time home and use car not every day. During vacation my car also on the street for a few weeks. Now I parked late evening near my home on Tuesday May 7 and on Friday after noon was going to drive to grocery store, but couldn't find the car. I call to police and they told it was towing, I should go to police, pay there and then go to another place and pay again, together about $500! Half of my Social Security! They informed me somebody call them , report about my car and they couldn't verify information and moved the car. At moment of this conversation it was less than 72 hours, from their words it's max duration of street parking. I never heard such regulation, but real time was less. I have to pay, even for evening pick up (they work M-F 8am -5pm!) and from their documents I saw it was towed on Wednesday, less than 24 hours. Secondly, They know all my personal information (name, address, phone, etc). But nobody try to inform me. Now I have a problems. My main questions: 1. What should I do now? Even parking for a few hours is not safe 2. I'm going nearest Saturday to my children and grandchildren to Boston for 3 weeks. Where I can park my car, to not pay thousands dollars ? 3. Can I return my money, because I did not violate any regulation? 4. Can police inform me who call them and why they did not check real condition? Thanks, Leonid

Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!

What is the limit expectation time to search for you? Can somebody give me advice now? Maybe it is better to start discuss my questions at least partially? Please respond immediately to give me chance to choose actions

Response times vary due to the question and which professionals are online at any time. As soon as a professional comes online who can help you with your question, they will ask for any additional information they might need. I'm sorry you have not received an answer yet. I have marked your question as high priority, which alerts professionals that you need an answer quickly.

So far everything is uncertain. I really don't expect that and now don't know what to do. Maybe it will be useful if you help me find some other case close to my. That will give me some idea.I missed my work today and still waiting, although I planned to call police to discuss the case, but must know my rights and at least common regulation of this situation

I apologize for the delay in answering this question but this is the first time that I saw it on the open question list. Unfortunately, other lawyers may have reviewed the question and not chosen to answer it because the news regarding the parking regulations in Santa Clara CA are not all that favorable to your present situation. Pursuant to Santa Clara Ordinance 10.05.160, the city manager has the right to remove a vehicle from a street if it has not been moved for 72 hours or more.

In addition to that Ordinance, Santa Clara Ordinance 10.05.470 Use of streets for storage of vehicles prohibited. Further states as follows:

"No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.

In order to eliminate minor vehicular movements made to obstruct enforcement of vehicle storage restrictions, substantial movement of the vehicle shall be required. The stopping, standing or parking (hereinafter collectively "parking") of a vehicle in one block on one side of the street shall be deemed one continuous parking.

A car will be deemed to have been substantially moved if:

(a) The vehicle is moved to another street;

(b) The vehicle moves across at least one intersection on the same street before the vehicle is parked on the same street; or

(c) The vehicle is parked on the other side of the street within the same block. (Ord. 1062; Ord. 1893 § 1, 11-15-11. Formerly § 17-60). "

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So, from the wording in your original question you appear to be aware that you cannot park your car in one spot for more than 72 hours -- and I note that you said that the car was towed after only 24 hours in the same spot. If there are no signs or any other indication in that area where your car was towed from that the city can choose to tow the car earlier than the 72 hours, than I do suggest that you visit the clerk's office at the town/city hall and ask them what the proper procedure is to file a complaint against a towing of a vehicle before the 72 hour period is over. At that point, the city clerk should be able to at least tell you why your car was towed before the 72 hour period was over (they will not tell you if a complaint was filed or who filed the complaint because they can legally keep that information anonymous, but you will at least learn whether or not they had a legal reason to tow it before the 72 hour grace period permitted by the Santa Clara ordinance was not honored). If they cannot give you a valid reason then you must ask if there is a complaint procedure / appeal procedure for the actions that were taken within the city. If there is no formal complaint or appeal procedure where you could at least get some of your money refunded to you, then your only other option here would be to file a complaint with the small claims court in Santa Clara County civil courthouse and name the city and the tow company as defendants for failing to wait 72 hours before towing your car away as is required by the Santa Clara Ordinance. If you telephone the clerk's office at the Santa Clara County Court house they can probably mail to you the small claims court forms or instruct you on where to pick them up or find them online (it really is just a simple one page form). Whether or not you will win the case at either an appeal to the city or a small claims action will depend upon what reason they have for towing your car prior to the 72 hour deadline set forth in the ordinance. Here is a link to the Santa Clara website which contains these ordinances -- you must double click on the address: http://www.codepublishing.com/ca/santaclara/frameless/index.pl?path=../html/SantaClara10/SantaClara1005.html#10.05.470

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Finally, regarding leaving your car on the street for 3 weeks to leave the city -- you cannot do that anymore -- as you can see above I copied and pasted the Santa Clara Ordinance regarding that subject -- you cannot leave the car for more than 72 hours without substantially moving the car - meaning moving to a different parking spot every 72 hours. Otherwise it will be towed and when you return from your trip you will not only have to pay for the towing but you will have to pay for 3 weeks of storage also. Under these circumstances if you do not have a friend that can store the car at their house on private property, then you should look into a long term parking arrangement for the 3 weeks at a local parking garage. Here is another internet link to a website that has the names of a few long term parking facilities in the Santa Clara area -- http://www.yelp.com/search?find_desc=Long+Term+Parking&find_loc=Santa+Clara%2C+CA In addition to the few listed there, you may want to ask at city hall if they are aware of any such places in your area or even telephone the closest airport and see if there are any affiliated parking garages near to you.

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Although you were able to leave your car on the street like that for many years, it seems like you have new neighbors who now have no problems calling the police if they want your parking spot and you must be very careful in the future not to leave your car longer than a day or so or you will most likely end up getting towed away again because a neighbor wants your parking spot !!

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I wish I could have delivered better news on ALL of this to you but I can only tell you the legal truth of the matter and it would be unprofessional of me to lie to you or try to gloss the answer over in order to keep you happy with my answer so you will rate the answer positively. I hope that you keep this in mind and give me a positive rating below -- I am paid NOTHING unless you press the 3rd, 4th or 5th smile face below or state in a response box that I gave you good or excellent service. Please also keep in mind that your rating below is strictly for the answer that I gave to you tonight and you should not rate the length of time it took to answer the question or other site issues that you may have here. As I said -- if I had seen this earlier I would have responded much sooner than I did.

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Please feel free to ask me any follow up questions that you may have.

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MARY

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Please press the 3rd, 4th or 5th smile face underneath this ANSWER box to pay me for my time in assisting you. Pressing a positive rating below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. If you are unable to press a smile face then writing "good" or "excellent" service in a response box to me will have the same effect. THANK YOU VERY MUCH !!!

Thanks for source of the 72 hours rule and clarification especially about substantial movement of the vehicle shall be required.

I have couple of small but important questions. My explanation with more details and questions are in my text below.

I did not know about 72 hours (was informed in Police department when asked where is my car) and more over about requirements. I wander both rules are not explained in California Driver Handbook. How people know about that? Only after their car will be towed? It’s a lot of strange for me things in rules. Not only that one.

I every day can park near home at free place and even don’t remember exactly place and side of the street. Now I know this is important, but it is not so simple to find place to park even on other streets around my home, at the evening time no choices where to park.

I pick up my car at Tower Company at very late time on Friday (after more than 5 hours searches), and parked it again on free spot on the same side of street and close to previous. I noticed the same cars parked every day at the same places, seems who don’t go to work like me.

When I call 911 to police at first time and come to police for permission to release the car, they in both places explained me about 72 hours and also told me that after somebody calls and complains, they towed without verifying any information. In Towing company they explained to me they got an order to tower and don’t know why. Who is responsible for this wrong towing in less than 72 hours? Is it possible to know who was complained?

The excerpts you provided don’t say this and doesn’t say how I can prove duration of parking. In my case I used my car on Friday, Saturday and Monday May 3, 4, and 6. I can prove only by next facts: May 3 appointment to doctor and then bought at Walgreen new medicine with new prescription. I was looking jeans at stores at May, 4 and finally made this purchase. May 6 I was looking for special for arthritis shoes doctor recommend me and gave me list of manufactures and stores. I spend a lot of time without success unfortunately. Hope sales people remember me. Such information is good enough to prove I used car and it was not parking 72 consecutive hours?

I made these details because only on next day after I took back my car I found on windshield Parking Violation Notice, where I read my car was towed May 6 at 9pm. It marked there reason for towing as “10.05.470 SCMC Parked over 72 consecutive hours”. Also there is another reason by handwriting not understandable words and “5-3-13” looks like date. This paper says I should pay $63 (additionally to already paid $500). Must I pay this amount? Or dispute it or wait results of investigation?

After my question what should I do Police employee, they gave me phone number and name of SCPD Police Officer (probably) to call on Monday. Today I waited for advice from JustAnswer and call only in the afternoon before I get your email. No answers and I call later again and left a short message like title of my previous text to you. Nobody call me today.

My next question: Should I continue tomorrow and discuss with the person I call today or send them mail similar to current content (thinking police employee made mistake) or cancel that and as you recommend go to city clerk, then file to mail with complaint and go to small claims court? Is it OK to send to police or to court text similar current? Is it enough information and form is acceptable?

BTW, to whom should complain to court (to police or somebody else)?

Because on Saturday I go to vacation, will be OK to send claims after vacation?

What is your opinion about results of such complaints (climes) in common?

You said that maybe they decide refund partly. What does it mean?

Everything is completely new for me. I never have any relation with Police Department and Court. What is regular procedure Complaint investigation and process?

If you can correct this description to use it as claim, I’ll be very appreciated to you. In case you can answer for most of my question I give you the highest rating

I already answered most of your questions in my first response -- but I will separate them out here again for you in the order in which you asked the questions. Your questions exactly are copied and written in BOLD below and my answers are immediately under the question (I am hoping that presenting the answer this way is the easiest way for you to under stand all of the information I am giving to you.

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YOUR QUESTION: I did not know about 72 hours (was informed in Police department when asked where is my car) and more over about requirements. I wander both rules are not explained in California Driver Handbook. How people know about that? Only after their car will be towed? It's a lot of strange for me things in rules. Not only that one.

MY ANSWER: Every citizen who drives and parks a car is expected to know the laws regarding driving and parking because the law considers driving a privilege and not a right. You are expected to know the laws that pertain to you so that you can abide by them (this is where the saying "ignorance of the law is no excuse" comes from).

Your Question(s): I every day can park near home at free place and even don't remember exactly place and side of the street. Now I know this is important, but it is not so simple to find place to park even on other streets around my home, at the evening time no choices where to park.

I pick up my car at Tower Company at very late time on Friday (after more than 5 hours searches), and parked it again on free spot on the same side of street and close to previous. I noticed the same cars parked every day at the same places, seems who don't go to work like me.

MY ANSWER: It appears that you are telling me that other people are doing this and getting away with it -- but the police do not care and that is not an excuse for you to do it also. You can call the police and report others who are parked a long time as well if you wish to do so and the police will come and investigate and probably tow the person.

YOUR QUESTION: When I call 911 to police at first time and come to police for permission to release the car, they in both places explained me about 72 hours and also told me that after somebody calls and complains, they towed without verifying any information. In Towing company they explained to me they got an order to tower and don't know why. Who is responsible for this wrong towing in less than 72 hours? Is it possible to know who was complained?

MY ANSWER: I answered these questions for you above -- (a) both the police and the towing company may be held responsible - you will have to bring an action against both of them in small claims court and if you win your case, then the court will decide who is more responsible to pay you back (b) the police do not have to tell you who complained - they are permitted to protect the identity of the person so that the person does not get attacked or harassed by other neighbors.

YOUR QUESTION: The excerpts you provided don't say this and doesn't say how I can prove duration of parking. In my case I used my car on Friday, Saturday and Monday May 3, 4, and 6. I can prove only by next facts: May 3 appointment to doctor and then bought at Walgreen new medicine with new prescription. I was looking jeans at stores at May, 4 and finally made this purchase. May 6 I was looking for special for arthritis shoes doctor recommend me and gave me list of manufactures and stores. I spend a lot of time without success unfortunately. Hope sales people remember me. Such information is good enough to prove I used car and it was not parking 72 consecutive hours?

MY ANSWER: You need to bring ALL of this information and as much information as you can to the court to show that you were not parked more than 72 hours. There are no laws that tell you what kinds of evidence/proof are acceptable to a court and you have to bring as much as you can and hope that the court accepts your proof over the opinion of a cop that your car was there more than 72 hours.

YOUR QUESTIONS: I made these details because only on next day after I took back my car I found on windshield Parking Violation Notice, where I read my car was towed May 6 at 9pm. It marked there reason for towing as "10.05.470 SCMC Parked over 72 consecutive hours". Also there is another reason by handwriting not understandable words and "5-3-13" looks like date. This paper says I should pay $63 (additionally to already paid $500). Must I pay this amount? Or dispute it or wait results of investigation?

MY ANSWER: You should talk to the city clerk office and ask if there is an appeal process for the ticket or if you can get a hearing about the ticket before you pay the tickets. If they tell you that there is no way to get a hearing or appeal then you should pay the tickets and then take the matter to small claims court at your local county district court (you can get paperwork to bring a small claims court claim from your local county district court at the clerk's office there).

YOUR QUESTION: After my question what should I do Police employee, they gave me phone number and name of SCPD Police Officer (probably) to call on Monday. Today I waited for advice from JustAnswer and call only in the afternoon before I get your email. No answers and I call later again and left a short message like title of my previous text to you. Nobody call me today.

MY ANSWER: If you cannot reach anyone on the telephone then the only other thing that you can do is appear in person at the clerk's office at city hall or at the police department and ask for instructions on how to appeal the ticket and get a hearing on the ticket.

My next question: Should I continue tomorrow and discuss with the person I call today or send them mail similar to current content (thinking police employee made mistake) or cancel that and as you recommend go to city clerk, then file to mail with complaint and go to small claims court? Is it OK to send to police or to court text similar current? Is it enough information and form is acceptable? MY ANSWERS: As I said - you should go to city clerk and ask if there is an appeal or hearing process. If they tell you that there is NO appeal or hearing process then you should pay the tickets (so you do not cause yourself more problems or get hit with additional fees for non payment) and then take the matter into small claims court and sue the CITY and the TOW COmpany in your complaint in small claims court.

BTW, to whom should complain to court (to police or somebody else)?

MY ANSWER: I do not understand this question -- but your complaints about the law and the way the police enforce the law should go to the city clerk's office or the mayor's office and you can also make a separate complaint to the police department about the police actions in this matter.

YOUR QUESTION: Because on Saturday I go to vacation, will be OK to send claims after vacation? MY ANSWER: You should NOT leave your car on the street while you are away on vacation for 3 weeks because it will be towed. ABout the ticket process, the sooner you can do this the better off you will be - because you generally have only 30 days after the ticket issuance date / tow date to file an appeal with the city on these matters. A small claims court action can be brought at any time.

YOUR QUESTION: What is your opinion about results of such complaints (climes) in common? MY ANSWER: THe police usually win these matters against private citizens but because of your advanced age they may give you some consideration and give you back all or some of your money.

YOUR QUESTION: You said that maybe they decide refund partly. What does it mean? MY ANSWER: They might return a portion of your money -- I simply do not know for certain.

YOUR QUESTION: Everything is completely new for me. I never have any relation with Police Department and Court. What is regular procedure Complaint investigation and process?

MY ANSWER: In this matter with your car, the police are permitted to take a complaint from a witness who says that your car was parked in the same spot on the street for more than 72 hours OR the police can watch certain cars themselves and decide when the car is parked more than 72 hours. THen the police can issue tickets and tow on their own discretion - leaving you in the position of retrieving your car and then trying to appeal the tickets or fight the tickets if your car was not there more than 72 hours.

I cannot give you more information than that -- it would take me days of typing to explain the entire police complaint process for every traffic and other violations that are against the law and this website is really supposed to be limited to brief inquiries about the law (it is for educational purposes only and we are paid only a small amount of money for the time I spend with you here, so writing such a lengthy answer is not something I can do).

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I hope that answers all of your questions. There is only so much that I can do here and so many questions that I can answer and you may find it helpful if you telephone Santa Clara commission for elderly people (you can find then at city hall) and they may be able to walk you through the entire process step by step. You might also contact a private lawyer in your area who handles traffic violations -- they can also give you the same information.

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MARY

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Please press the 3rd, 4th or 5th smile face underneath this ANSWER box to pay me for my time in assisting you. Pressing a positive rating below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. If you are unable to press a smile face then writing "good" or "excellent" service in a response box to me will have the same effect. THANK YOU VERY MUCH !!!

Hi Mary, Sorry, but I have to be offline 2 days and return back only Th. late afternoon or Fr. Now only one note.

I'm going out of town on Sat. and after returning it will be to late to go to court

Somebody informed police with wrong information. Anyway I'm not sure I can win, but I suffer from that morally and materially. I guess there is a legal way to punish that person. Hope it's possible to do and I need your advice. Other questions later.

You will have to ask additional questions by posting a new question. I have not yet been paid for the significant amount of information I have already given to you (you MUST press the 3rd, 4th or 5th smile face underneath this ANSWER box so that I will be paid for my time and then I can assist you with any new questions that you post if you want me to do so). I am only permitted to answer one question in each question thread and I have already violated that website rule because i have answered more than a dozen questions for you above already. If you contact customer service they can set you up on a subscription plan where you can ask as many questions as you want to ask all for one low price.

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MARY

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PLEASE SEE BELOW ----- PRESS THE 3rd, 4th or 5th SMILE FACE UNDERNEATH THIS ANSWER BOX TO PAY ME FOR THE TIME I HAVE SPENT ASSISTING YOU ABOVE. THANK YOU

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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